Andhra Pradesh High Court

WP/18558/2019 of Smt. Mandapati Krishnavenamma, Vs The State of Andhra Pradesh, on 31 December 2019

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U. DURGA PRASAD RAO WRIT PETITION No.18558 of 2019 ORDER: The petitioner seeks writ of mandamus declaring the inaction of the 4th respondent in implementing the 1st respondent’s order dated 18.07.2019 in RP.No.22022-83-2018-Assn.III and the further directions issued by 2nd respondent on

HON’BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.18558 of 2019

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ORDER:

The petitioner seeks writ of mandamus declaring the inaction of the 4[th] respondent in implementing the 1[st] respondent’s order dated 18.07.2019 in RP.No.22022-83-2018-Assn.III and the further directions issued by 2[nd] respondent on 12.09.2019 in E.No.E2/226330 and the further directions issued by 3[rd] respondent on 06.09.2019 in Rc.J/317/2019 as illegal, arbitrary and for a consequential direction.

2. Heard learned counsel for petitioner, Sri P.Roy Reddy and learned Government Pleader for Revenue representing on behalf of respondents.

3. The grievance of the petitioner is that she is the absolute owner and possessor of an extent of Acres 48.18 cents of agricultural land situated in Survey No.33/1 of Badapuram Village, Donakonda Mandal, Prakasam District, which is a Zeroyiti Mettu (Ryotwari dry) as per the revenue records and Government have nothing to do with the said land. However, when the said land was wrongly included in the list of prohibited properties under Section 22-A of the Registration Act, 1908, the petitioner approached the Government and the Government have passed an order dated 18.07.2019 holding that it is the private land of the petitioner and issued direction to take steps to delete the said property from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908. Pursuant to the said order, the 2[nd] respondent addressed a letter E.No.E2/226330, dated 12.09.2019 and the 3[rd] respondent in turn addressed a letter even dated to the 4[th] respondent to implement the aforesaid orders but so far the 4[th] respondent has not taken up the issue.

4. Learned Government Pleader for Revenue, on written instructions, would submit that the 4[th] respondent in his letter in Rc.B/124/2018, dated 04.09.2019, addressed to the Joint Collector, Prakasam District, Ongole, had submitted that the genuineness of the entries shown in the names of petitioners in FLR and MDR have to be verified with reference to the original records available in collector’s office and in the office of Central Survey, Hyderabad, after collecting the original copies from the petitioners, to come to the conclusion.

5. It is seen that, respondents 2 and 3 have already directed the 4[th] respondent to act upon as per the orders issued by the Government. In that view of the matter, this writ petition is disposed of directing the 4[th] respondent to consider the order dated 18.07.2019 in revision petition No.22022-83-2018-Assn.III and taken up the follow up action and pass necessary orders expeditiously but not later than two months from the date of receipt of a copy of this order.

As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. No costs.

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U.DURGA PRASAD RAO, J

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